One TRADEMARK Error BOXED IN Burger King

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3:05Pull up.

3:10So why do business owners need to trademark their business before launching their business? So I always ask people, will you build a house on land you don't own? I'm going to ask you guys, will you build a house on land you don't own? i didn't no right right because it makes sense right you're gonna before we build houses in america right we go and we do a title search on the land and make sure no one owns the lands there's no liens on the land or anything like that because if we go and we just start building the house on land and we haven't cleared the land the owner of the land can come tear that house down right it's the same equivalent when it comes to building a business on a brand name and you don't own the name, right?

3:50And so being that I have been practicing this law over 10 years, I have seen where people have invested their 401k plans or took out money, you know, from their retirement to invest in product and marketing material only for it to be torn down by the rightful owner, right? So I tell people before we build brands and we build businesses, we want to make sure we're clearing a name and we're actually owning that name. So everything that we're building on top of it is ours now. Okay. So if we got to get the name to make sure that we own it, where are we going to search for this? Are there specific sites?

4:26I feel like most people have no idea. They'll just type in trademark. Whatever Google tells them, that's what we're using. It might not be the most accurate thing. So what sites are we going through to ensure that if we use this name, we can own this name? That's a great question. So what I would first start is with the USPTO.gov and make sure it says.gov and not.com, right? Because there can be some fraudulent sites and things like that. So start with the USPTO.gov. And you want to start broad because you want to see, does anybody own the name? But also, too, this is where it's important to hire an attorney because under the law, it's not about what's the same, but what can be deemed confusingly similar.

5:05So if you go to the USPTO.gov and you search Starbucks, probably nothing will come up and you'll be like, oh, I'm good. I can go start a coffee company. Well, Starbucks is going to have a problem with that because under the law, it's not about what's the same, but what can be deemed confusingly similar. So first I would start there and then I would start with Google and then possibly social media handles as well. And then just searching domains. But it's also important that we understand the nuances of the law. Right. There's 45 different classes under trademark law. And sometimes you can have brands that coexist in the marketplace.

5:41That's why we have Duff Chocolate, Duff Soap, Mac Makeup, Mac Computer, Delta Airline, Delta Faucet, Pandora Jewelry, Pandora Music. So your name might come up, but if it's a plumbing industry and you're in a beauty industry, you may can coexist, right? But where a lot of times people fall short, entrepreneurs is, they will say, okay, my name is available. I'm going to file the name and they just pick a class. And now they think they own that name in its entirety. You know, recently I seen an interview from Cesar from Black Ink and he talked about how he actually was surprised when he had his dogfighting issue that he was let go from a show, the show that he thought he owned because he created Black Ink and a Black Ink brand.

6:25Well, what Cesar didn't know was, and he filed his own trademarks too And he thought he had his trademarks registered But he filed them for tattooing services And I think for apparel But when he did his deal with Viacom With the reality show They went and filed the name for entertainment services And so there's a big difference there So it's important that you understand those nuances And so inside that, we shouldn't do this on our own So some people will say, I can figure this out by myself get an attorney get an attorney i have about 5 000 clients and a fourth of them either did themselves first and then they had to come to us later or they went to one of these internet sourcing companies right thinking they're hiring someone who will guide them and lead them but they're just really data transfer companies where they'll take your data and transfer it into the information system so why isn't an llc or corporation enough to have full ownership in business?

7:23And so that is also a great question. And the reason is, is because as business owners, I always say an educated entrepreneur is a successful one. We have to understand the different legal vehicles and why they're here, right? And a lot of times people think, oh, if I got an LLC, I'm good. But the LLC might not even be the best entity type for you, right? But what we need to understand is what comes with that formation of an entity. So under the law, when we file our entities, whether it's an LLC or a corporation or a partnership, under the law, under our secretary of state, we're forming it within our state.

8:01But that says that by us creating that company, it's going to give us a legal shield to protect us, the individual owner, from any legal liability that is to arise out of our business. We also may get some tax benefits from that as well, right? But nowhere in the law does it say it's going to give you exclusive ownership rights to that name, right? So you could form your business, let's say, in the state of Illinois. But if someone owns the trademark, and Illinois said you can have this business name. But if someone owns the trademark, let's say, in the state of Florida, they can shut your business down in Illinois.

8:40So that's why it's important as business owners, we understand these different legal vehicles and how they work and how they're set up to protect us the trademark is there to protect our name our logos our slogans and not a lot of people know but you can also trademark a sound as well like you got mail interesting so you brought up the state thing so now it makes me wonder obviously there's a difference between filing um the trademark in the state can we file federally yeah as well so like talk about the nuances in that that's a great question as well because you can file your trademark on the state level, right?

9:16But when you file it federally, you get a lot more coverage. And I always say technology is moving faster than a law. So back in the day, you used to have to prove interstate commerce in order to get federal registration. So a lot of people use the state law system to file their trademarks when before the internet, right? Because now that we have the internet, as long as your business is a www.com or you're on social media and you're offering your services or your products to anyone across the world, basically, now you have interstate commerce. So with the internet, it kind of took that away. So you want to go for the broader coverage most as possible because, you know, there is a case and it arrived out of the state of Illinois.

10:04And it was in the 1950s where there was this restaurant, a small mom and pop restaurant, and they sold burger shakes and fries, right? And so then there was a Florida restaurant that adopted the same name and they sold burger shakes and fries as well. And so the Florida restaurant began to grow very fast and very rapidly. And there was supposed to be an agreement that they will never come into the state of Illinois. Well, we know Money Talk and Bull Crap Walk, and they came in the state of Illinois. Well, the state of Illinois restaurant filed a declaratory judgment under federal law to kick them out of the state of Illinois.

10:44And the court asked them, in the state of Illinois, they were the first users, right? The court asked them, well, how far does your customers come to your restaurant? And this is a restaurant, it's like in Mattoon, Illinois, which is like maybe like 200 miles south of Chicago, but it's right off a major highway in Illinois. And they said, well, they come from about a 20 mile radius. And so the court said, OK, well, this company cannot come within a 20 mile radius of your restaurant. But now you can't go outside a 20 mile radius of your restaurant because they have the federal registration. And unfortunately, federal Trump state.

11:24So do you know? They box them in. They box them in. But what's the name of that company? Can you guys imagine? What was the name of that restaurant? McDonald's. That's my first thought. Not McDonald's. What's the other one? Burger King. Burger King. Is Burger King with it? Burger King. So if you Google right now the original Burger King, it's still going to come up today. And it's 2024. And that restaurant in Mattoon, Illinois, is still open as the original Burger King. Oh, so explain the story again. There was another Burger King before Burger King? Exactly. In Illinois. So the big corporation Burger King, it originated out of Florida.

12:05Out of Florida. Out of the state of Florida. But the state of Illinois Burger King, they were the first users, but they didn't have federal registration. So that's why it's so important that we - So are they still there? They're still there to this day. It's one store. It's just one store. Because they can never grow outside of that 20-mile radius. They could put like four stores inside the 20 mile, but they don't even make any sense. They wouldn't even make any sense. So there's one Burger King that is not Burger King. It's a restaurant or fast food? It's a restaurant and they sell burger shakes and fries.

12:34And it's called the original Burger King. So if you ever Google Burger King, Mattoon, Illinois, it will come up. So, I mean, that's an incredible story. But it makes more sense to file federally or is it? Yes. I'm thinking it's more expensive as well. Well, it is. But sometimes the state registration is not as effective and impactful as you need it to be, especially in a day and age where the Internet is here. Right. And see, another thing why that story is so important is because trademarks are legacy builders. Right. A trademark can outlive you. Coca-Cola been registered since 1893 Mercedes since 1903.

13:12Right. And so a trademark can like. So the original people who created that Burger King, that was a family owned business. So imagine what they could have did and expanded with their company. But they are now attached to this judgment out of federal court since the 1960s. So it limited their legacy. So I always tell people you want to secure your brand, not only to secure your bag, but you want to secure your brand so you can secure your legacy. Hey, Ernest, what's up? One thing we always say on the show is you've got to be intentional with your money. Because it's not just about how much you make.

13:47It's about how you manage what you spend. Exactly. That's why tools like Klarna are interesting. It gives you flexibility when you're making purchases. When you're checking out, you can decide how you want to pay, whether that's paying right away or spreading payments over time, depending on what works for you. Everything's organized in Klarna app, so you can track your spending in one place. And when you shop through the app, you can find deals and earn cash back with participating partners. Download the Cloner app today or visit cloner.com to learn more. California resident loans made or arranged pursuant to a California finance law license.

14:26NMLS number 1353190. Cloner balance account required to be eligible for cash back points. Limitations, terms, and conditions abide. On the Serving Pancakes podcast, conversations about volleyball go beyond the court. Today we have a little best friend compatibility test. Okay, how long have we been best friends? Since the day we met. As the League One volleyball season heads towards its final stretch, there's no better time to tune in. You'll hear unfiltered analysis, behind-the-scenes stories, and conversations with leaders making an impact across the sport. Whether you're following the final push of love season or just love the game, Serving Pancakes brings you closer to the action and the people shaping the future of volleyball.

15:02Open your free iHeartRadio app, search Serving Pancakes, and listen now. Presented by Capital One, founding partner of iHeart Women's Sports.

15:36And yes, Drink Champ will be in the building. Plus, you know, we're going to have a lot of guests. So you need to join us. And we got the Black Effect Marketplace to pitch your podcast and everything you expect from the Black Effect Podcast Festival. Tickets are on sale right now. Go get yours at blackeffect.com slash podcast festival. Don't play yourself, OK? Pull up.

16:01If you're trying to keep up with everything happening on and off the court, we've got you covered on the podcast. flagrant and funny. You want to start with the first version for the Big Ten Coach of the Year? Oh, whatever. Would you like to? Yeah, sure. So you're a Spartan. Is that what I'm getting? Exactly. So whether your bracket is busted or you just want the real talk on what's happening during the tournament, open your free iHeartRadio app, search flagrant and funny with Keri Champion and Jamel Hill and listen now. Presented by Capital One, founding partner of iHeart Women's Sports. I'm Lori Siegel, and this is Mostly Human, a tech podcast through a human lens.

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